can a social worker allow my mother to appointment here boyfriend medical power of attorney after i told the social worker that he was not competent to make proper decisions for my mother?

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can a social worker allow my mother to appointment here boyfriend medical power of attorney after i told the social worker that he was not competent to make proper decisions for my mother?

My mother lives with a man that she has lived with for 20 years or so. Now this man receives a disability check monthly. However, the state has found him legally incompetent to handle his own finances and therefore his mother is his representative payee. So, if the State of Texas found him to be legally incompetent to make decisions for himself can he legally make decisions for someone else? He has medical power of attorney over my mother.

Asked on November 17, 2017 under Estate Planning, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, he cannot: a person who is legally incompetent to handle his own affairs may not, as you correctly point out, exercise a power of attorney (whether a standard one or a medical one) for someone else. Your mother needs to appoint someone else to this role. Incomptetent is incompetent: once found to be legally incompetent, you  are  legally incompetent in all spheres of your life, for all exercises of legal authority.


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